Perry Herzfeld. Previous legal positions: Associate to the Honourable Justice Susan Crennan AC, High Court of Australia ( )

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1 Perry Herzfeld Professional details Admitted to practice: 26 April 2006 Signed Bar Roll: 19 November 2009 Qualifications: BSc LLB (Hons) (Melb) LLM (Melb) Previous legal positions: Associate to the Honourable Justice Susan Crennan AC, High Court of Australia ( ) Allens Arthur Robinson, Articled Clerk ( ), Lawyer ( ) Reporter for the Commonwealth Law Reports ( ) Contact details Chambers: Eleven Wentworth Chambers Level 11, Phillip Street SYDNEY NSW 2000 Telephone: Fax: Clerk: Melbourne clerk: Zach Rymer Eleven Wentworth Chambers Level 11, Phillip Street SYDNEY NSW John Dever (List D) Owen Dixon Chambers 205 William Street MELBOURNE VIC

2 2 Publications Education Books Statutory Interpretation Principles (2014, Thomson Reuters) (with Thomas Prince) Interpretation and Use of Legal Sources (2013, Thomson Reuters) (with Thomas Prince and Stephen Tully) Articles Video Link Evidence and Foreign Government Consent: Joyce v Sunland Waterfront (BVI) Ltd [2011] FCAFC 95; (2011) 195 FCR 213 [Summer ] NSW Bar News 29 Lost Policy? Insurer Bears the Onus [September 2011] Law Institute Journal 32 Limitation of Actions and Price-Fixing Cartels (2010) 84 Australian Law Journal 254 Still a Troublesome Area: Legislative and Common Law Restrictions on Indemnity and Insurance Arrangements Effected by Companies on Behalf of Officers and Employees (2009) 27 Company and Securities Law Journal 267 Prudent Anticipation? The Arbitration of Public Company Shareholder Disputes (2008) 24 Arbitration International 297 Corporations, Defamation and General Damages: Back to First Principles (2005) 10 Media & Arts Law Review 135 Constitutional Limitations on State Choice of Law Statutes (2005) 16 Public Law Review 188 Post-graduate: LLM (Melb) Graduate: BSc LLB (Hons) (Melb) Placed second on the Final Law Honours List (Spero Wilson Memorial Scholarship) Harrison Moore Exhibition for Advanced Constitutional Law (placed first in subject) Full Faculty Scholarship from the Faculty of Law

3 3 Debating: World Debating Championships (2003) Runner-up; Fourth ranked speaker AustralAsian Debating Championships (2002) Winner; Eighth ranked speaker Mooting: Governor General s Moot (2003, 2004) Winner; Best Counsel Melbourne University Senior Mooting Competition (2003) Winner Recent cases Unled Appeals Minister Administering the Water Management Act 2000 v Sharkey [2017] NSWCA 319 statutory interpretation, unled for the applicant Morgan v District Court of New South Wales [2017] NSWCA 105; (2017) 94 NSWLR 463; 319 FLR 463; 345 ALR 621 administrative law, judicial review, criminal law, review of District Court on appeal from Local Court, unled for the second respondent (State of New South Wales) Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33; (2017) 248 FCR 1 administrative law, migration, unled for the appellant ASP15 v The Commonwealth [2016] FCAFC 145; (2016) 248 FCR 372; 155 ALD 41 administrative law, constitutional law, migration, unled for the respondents Attia v Caird Seven Pty Ltd [2016] NSWCA 271 contract, specific performance, unled for the respondent Waterhouse v Independent Commission Against Corruption (No 2) [2016] NSWCA 133 administrative law, judicial review, bias, Independent Commission Against Corruption, unled for the respondents SZVCP v Minister for Immigration and Border Protection [2016] FCAFC 24; (2016) 238 FCR 15 administrative law, migration, unled for the first respondent Yasmin v Attorney-General (Cth) [2015] FCAFC 145; (2015) 236 FCR 169; 330 ALR 570; 256 A Crim R 18 administrative law, prerogative of mercy, unled for the appellant

4 4 First instance CGR v Office of the Children s Guardian [2018] NSWSC 26 administrative law, judicial review, children, unled for the defendant Nguyen v Corbett [2017] NSWSC 1689 real property, fraudulent conveyances, trusts, unled for the second defendant DLF16 v Minister for Immigration and Border Protection [2017] FCA 1072 administrative law, judicial review, migration, unled for the respondent Sharkey v Minister administering the Water Management Act 2000 [2017] NSWLEC 47 statutory interpretation, unled for the respondent ARJ17 v Minister for Immigration and Border Protection [2017] FCA 263; (2017) 250 FCR 446 administrative law, judicial review, jurisdiction, migration, unled for the respondent LFDB v SM (No 3) [2017] FCA 80 private international law, registration of foreign judgments, Trans-Tasman Proceedings Act 2010 (Cth), unled for the applicants Dean v Antunes [2016] NSWSC 1845 trusts, leave to amend, unled for the defendant Caird Seven Pty Ltd v Attia [2016] NSWSC 1088; (No 2) [2016] NSWSC 1217; (No 3) [2016] NSWSC 1452; (2016) 92 NSWLR 457; (No 4) [2016] NSWSC 1750 contract, specific performance, enforcement of orders, receivers, unled for the plaintiff Hunter v Minister for Corrections [2015] NSWSC 1930 administrative law, validity of regulations, corrective services, unled for the defendant Monteiro v State of New South Wales (No 2) [2015] NSWSC 1901 administrative law, judicial review, corrective services, unled for the third defendant (Commissioner of Corrective Services) Obeid v Independent Commission Against Corruption [2015] NSWSC 1891 administrative law, judicial review, Independent Commission Against Corruption, unled for the third defendant (David Ipp QC) Mandie v Memart Nominees Pty Ltd [2015] VSC 446; Mandie v Memart Nominees Pty Ltd (No 2) [2015] VSC 622 trusts, exclusion of beneficiaries, leave to amend, costs, unled for the defendant

5 5 LFDB v SM [2015] FCA 725; (2015) 239 FCR 262 private international law, registration of foreign judgments, Trans-Tasman Proceedings Act 2010 (Cth), unled for the applicants McKane v Commissioner of Corrective Services [2015] NSWSC 737 administrative law, judicial review, corrective services, unled for the defendants Led High Court Re Canavan [2017] HCA 45; (2017) 91 ALJR 1209; 349 ALR 534 constitutional law, parliamentary disqualification, with Stephen Donaghue QC, Mark Costello and Julia Watson, for the Attorney-General of the Commonwealth (intervening) Brown v Tasmania [2017] HCA 43; (2017) 91 ALJR 1089; (2017) 349 ALR 534 constitutional law, implied freedom of political communication, with Stephen Donaghue QC and Julia Watson, for the Attorney-General of the Commonwealth (intervening) Plaintiff S195/2016 v Minister for Immigration and Border Protection [2017] HCA 31; (2017) 91 ALJR 857; 346 ALR 181 constitutional law, migration, with Stephen Donaghue QC, Geoffrey Kennett SC and Anna Mitchelmore for the first and second defendants Plaintiff M96A/2016 v The Commonwealth [2017] HCA 16; (2017) 91 ALJR 579; 343 ALR 362; 155 ALD 224 constitutional law, migration, with Stephen Donaghue QC for the defendants Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16; (2016) 259 CLR 1; 90 ALJR 572; 331 ALR 1 advocates immunity, with Andrew Bell SC for the respondent Plaintiff M v Minister for Immigration and Border Protection [2016] HCA 1; (2016) 257 CLR 42; 90 ALJR 297; 327 ALR 369 constitutional law, executive power, migration, with Justin Gleeson SC, Geoffrey Kennett SC and Anna Mitchelmore for the first and second defendants Queensland v Congoo [2015] HCA 17; (2015) 256 CLR 239; 89 ALJR 538; 320 ALR 1; 147 ALD 1 native title, extinguishment, with Sturt Glacken QC for the first respondents

6 6 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3; (2015) 255 CLR 231; 89 ALJR 292; 316 ALR 161; 143 ALD 553 administrative law, migration, with Stephen Donaghue QC for the defendants CPCF v Minister for Immigration and Border Protection [2015] HCA 1; (2015) 255 CLR 514; 89 ALJR 207; 316 ALR 1; 143 ALD 443 administrative law, constitutional law, executive power, migration, with Justin Gleeson SC, Stephen Donaghue QC and Chris Horan for the defendants Intermediate appellate Re Kelvin [2017] FamCAFC 258 family law, constitutional law, case stated, transgender children, with Kate Richardson SC for the Attorney-General of the Commonwealth (intervening) Kaldas v Barbour [2017] NSWCA 275; (2017) 350 ALR 292 administrative law, constitutional law, privative clauses, with Jeremy Kirk SC and Celia Winnett for the first and second defendants Minister for Immigration and Border Protection v ARJ17 [2017] FCAFC 125; (2017) 250 FCR 31; 347 ALR 477 administrative law, statutory interpretation, with Geoffrey Kennett SC for the appellant Mandie v Memart Nominees Pty Ltd [2017] VSCA 177 trusts, exclusion of beneficiaries, bias, with Alan Archibald QC for the respondent People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46; (2017) 220 LGERA 181 administrative law, judicial review, environment and planning, mining, with Richard Lancaster SC for the third respondent (Secretary, NSW Department of Industry) Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic [2017] NSWCA 28; (2017) 94 NSWLR 340 charitable trusts, with Sturt Glacken QC for the first and second respondents Minister for Indigenous Affairs v MJD Foundation Ltd [2017] FCAFC 37; (2017) 250 FCR 31 administrative law, statutory interpretation, with Geoffrey Kennett SC for the appellant Board of Studies, Teaching and Educational Standards v Vandenbovenkamp [2016] NSWCA 268 constitutional law, inconsistency of federal and state laws, administrative law, judicial review, education, with Noel Hutley SC for the appellant

7 7 Jones v Treasury Wine Estates Ltd [2016] FCAFC 59; (2016) 241 FCR 111 private international law, anti-suit injunction, overseas depositions, with Andrew Bell SC for the respondent Chubb Insurance Company of Australia Ltd v Robinson [2016] FCAFC 17; (2016) 239 FCR 300; 19 ANZ Ins Cas insurance, interpretation, with Neil Young QC for the appellant Mandie v Memart Nominees Pty Ltd [2016] VSCA 4 trusts, exclusion of beneficiaries, leave to amend, with Alan Archibald QC for the respondent Independent Commission Against Corruption v Kinghorn [2015] NSWCA 342; (2015) 90 NSWLR 682 reopening final orders, with Geoffrey Watson SC for the applicant Director of Public Prosecutions v Downer EDI Works Pty Ltd [2015] VSCA 287; (2015) 47 VR 688; 254 IR 447 criminal law, case stated, occupational health and safety, implied repeal, with Stephen Donaghue QC for the Director of Pubic Prosecutions First instance CrownBet Pty Ltd v New South Wales [2017] NSWSC 1470 equity, declarations, gambling, with Bret Walker SC for the plaintiff CFMEU v Director of the Fair Work Building Industry Inspectorate [2017] FCA 1166 industrial law, with Michael Wheelahan QC and Matthew Follett for the respondent BB Australia Pty Ltd v Danset Pty Ltd [2017] NSWSC 1307 contract, inducing breach of contract, trusts, with Kelly Rees SC for the plaintiff Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) (No 3) [2017] FCA 330; (2017) 343 ALR 476; 118 ACSR 614 class actions, settlement approval, with Jeremy Kirk SC for the third respondent (KPMG) Linfox Australia Pty Ltd v Transport Accident Commission [2016] VSC 592; (2016) 78 MVR 177 transport accidents, personal property, statutory construction, with Michael Wheelahan QC for the defendant Obeid v Ipp [2016] NSWSC 1376; (2016) 338 ALR 234 tort, misfeasance in public office, administrative law, judicial review, Independent Commission Against Corruption, with Bret Walker SC and Stephen Free for the first defendant.

8 8 People for the Plains Incorporated v Santos NSW [2016] NSWLEC 93 administrative law, judicial review, environment and planning, mining, with Richard Lancaster SC for the third respondent (Secretary, NSW Department of Industry) Mandie v Memart Nominees Pty Ltd (No 3) [2016] VSC 267 trusts, exclusion of beneficiaries, bias, with Alan Archibald QC for the defendant Carillion Construction Ltd v AIG Australia Ltd [2016] NSWSC 495; (2016) 19 ANZ Ins Cas insurance, deed of release, limitation of actions, with Geoff McArthur QC for the defendant Bishop Irinej Dobrijevic v Free Serbian Orthodox Church, Diocese for Australia & New Zealand Property Trust (No 2) [2015] NSWSC 1976 charitable trusts, with Sturt Glacken QC for the plaintiffs Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) [2015] FCA 811; (2015) 325 ALR 539; 108 ACSR 1 class actions, common fund application, with Jeremy Kirk SC for the third respondent (KPMG) Stock v NM Superannuation Pty Ltd [2015] FCA 612 superannuation, with Ian Hardingham QC for the applicant Metgasco Limited v Minister for Resources and Energy [2015] NSWSC 453 administrative law, judicial review, mining, with Jeremy Kirk SC for the defendants Re Mandie; Mandie v Danos [2015] VSC 55 family provision, costs, with Jeremy Ruskin QC for the defendant